SEMESTER 1 (Academic year 2022-23)

LEGAL METHODS

TOPIC- “TERRORISM IN INDIA AND ANTI-TERRORISM LAWS”

SUBMITTED TO:

Dr. Akshaya Desai

Assistant Professor

NMIMS Kirit P Mehta School of Law

SUBMITTED BY:

NANDINI BHANSALI

BBA LLB (Hons.) Div F

Roll No. 63
Abstract
Today, terrorism is the most recent danger to international harmony and, in
particular, to India's national security. In all facets of their operation and support,
terrorists are becoming more sophisticated and competent. It is impossible to
overstate the necessity of special laws to combat terrorism; in reality, the issue is
with how the laws are put into practise and how the authorities abuse the authority
granted to them by the special laws. This study, titled "Anti-terrorism laws in
India and their analysis," focuses on the evolution of anti-terrorism legislation in
India. The concept of terrorism, its effects, and some information regarding anti-
terrorists' acts are provided in the initial part of the paper. The goal of the study
is to ascertain if the current anti-terrorism act needs to be modified. Credible
secondary sources were used to collect dependable data for the study. The study
came to the conclusion that the law should be changed but should not be repealed
after examining its advantages and disadvantages.

Introduction
The word "terrorism" is derived from the French word "terrorisme," which is
derived from the Latin verb terrere (to cause to tremble). The threat posed by
terrorism has expanded to include the entire planet. India is one of the nations in
the world that experiences the most terrorism. India's situation is special
compared to many other nations because it has the most domestic, homegrown
terrorist organisations and a sizable presence of international terrorist
organisations both on its territory and in its neighbours' countries, both of which
pose a continuous threat to India's security.
What is terrorism?

The term "terrorism" describes violent, illegal actions taken by people, groups, or
both to further their ideals. The majority of the time, political or religious
motivations are used to carry out terrorist acts against people. Terrorism is
defined as "the unlawful use of violence and intimidation, especially against
civilians, for political reasons" by the Oxford Dictionary. We immediately
acknowledge the ambiguity and subjectivity of this term. Here is There is no
universally accepted legal definition of terrorism in this situation due to the
subjectivity issue. Despite substantial debate, the United Nations has struggled
for a long time to develop a comprehensive treaty against international terrorism
due to the lack of agreement on a definition.

Terrorism in India

The Indian people are seriously threatened by terrorism. India contends with a
wider variety of terrorist organisations than other countries. All types of terrorism
are practised in India.

Ethno-nationalist terrorism:=This kind of terrorism focuses on either (a) creating

a separate state within India, one that is independent of India, or in a neighbouring
country, or (b) emphasising the opinions and acts of one ethnic group against
another. Examples of ethno-nationalist terrorist activity include insurgent tribal
organisations in North East India and militant Tamil Nationalist organisations
from India working to improve the lot of Tamils in Sri Lanka.

Religious terrorism - This type of terrorism targets one or more religious groups
because it is required by religion, because it is presumed to be responsible, or
because it is in sympathy with a particular religious group. Religious terrorism in
India is demonstrated by the 26/11 terrorist attack in Mumbai in 2008, which was
carried out by a Pakistani Islamic group.

Left-wing terrorism- is founded on the economic philosophy that all current

socio-political structures are economically exploitative and that a bloody
revolution is required to change things. The only real economic theorists are
thought to be Marx, Engel, Mao, Lenin, and others. Maoist terrorism in Jharkhand
and Chhattisgarh, India, is an example of left-wing terrorism.

Research objectives

• To understand the laws in India against terrorism

• To analyse the evolution of anti terrorism laws in India

Research questions

• How have the anti-terrorism laws in India evolved?

• Is there a need for amendment in anti-terrorism laws of India?

Laws related to terrorism in India

India has been severely impacted by terrorism. The causes of terrorism in India
can range greatly, from a religious motivation to other factors like poverty,
unemployment, and lack of development, among others.

India's anti-terrorism legislation have long been a source of intense debate. One
of the defences is that these regulations violate citizens' basic freedoms, which
are protected by Part III of the Constitution. The legislature has passed anti-
terrorist legislation before, and the judiciary has sustained it, albeit reluctantly.
These laws were intended to be passed and put into effect until the situation gets
better. The goal wasn't to make these dramatic actions a steadfast part of the law.
However, the laws have been restored with the necessary changes due to ongoing
terrorist activity.

The Unlawful Activities (Prevention) Act and the National Security Act, 1980
are the laws now in effect in India to combat terrorism. There have been other
anti-terrorism laws in force in this country a different points in time.

Unlawful Activities (Prevention) Act, 1967

The UAPA was created to address groups and initiatives that questioned India's
territorial integrity. The scope of the Act was strictly restricted to addressing the
threat to India's territorial integrity. The Act served as a self-contained set of rules
for declaring separatist organisations illegal, having tribunals decide disputes,
controlling the funds and workplaces of prohibited organisations, punishing their
members, etc. The Act has always been handled in an all-encompassing manner
and falls squarely under the scope of the central list in the 7th Schedule of the
Constitution. The UAPA underwent additional changes in 2008 and 2019 to
widen its scope. Section 15 of the UAPA defines a "terrorist act" as "any act done
with intent to threaten or likely to threaten the unity, integrity, security [economic
security] or sovereignty of India or with intent to strike terror in the people or
likely to strike terror in the people in India or any foreign country." The Indian
Penal Code, 1860 is used by courts to interpret these specific statutes in various
sections.

A few drawbacks of the UAPA act are

• Because it can be used to get around fundamental rights and laws, the law
disregards fundamental rights. For instance, those who are detained under
the UAPA may be held for up to 180 days before a charge sheet is filed.
As a result, it instantly violates Article 21 of the Constitution.
 • Legislative Authorities: The issue of whether the Parliament can label
someone a terrorist without a trial or other procedure purely on the grounds
that it believes they are engaging in terrorism still needs to be addressed.
• In order to preserve "the sovereignty and integrity of India," the UAPA
gives the parliament the power to impose restrictions on people' rights and
liberties.
• Bail's Strict Application: For Example According to the UAPA, bail cannot
be granted unless the court finds the defendant not guilty of the charged
offense. It is up to the accused to prove his innocence in order to obtain
bail

Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA)

The Terrorist & Disruptive Activities (Prevention) Act 1987, which had
significantly stricter restrictions than the UAPA and was particularly created to
deal with terrorist activities in India, was the second significant act to enter into
force on September 3, 1987. TADA was challenged as being unlawful when it
was enacted before the nation's top court. In the case of Kartar Singh v. State of
Punjab (1994) 3 SCC 569, the Supreme Court of India maintained its
constitutional legitimacy on the presumption that individuals given such
draconian statutory powers would act in good faith and for the benefit of the
public. However, there were several examples of the abuse of power for
unintended consequences. In the hands of law enforcement officers, the strict
restrictions of the statute were abused. Thus TADA expired in 1995.

Prevention of Terrorism act, 2002

It was necessary to enact a special law to deal with terrorist actions due to the
increase in cross-border terrorism, the Pakistani ISI's ongoing offensive
programme aimed at destabilising India, and the developments following the
terrorist attacks of September 11, 2001. As a result, on March 28, 2002, the
Prevention of Terrorism Act, 2002 (POTA, 2002) was adopted.

The POTA, 2002 provides unique powers to the investigative authorities under
the Act and defines the terrorist act and the terrorist under Section 3 of the Act.
The constitutionality of the Prevention of Terrorism Act, 2002 was discussed in
People's Union for Civil Liberties v. Union of India (UOI). The terrorist act and
the terrorist are explicitly defined in Section 3, Sub-Section (1) of the POTA,
2002, a specific law for the prevention of and dealing with terrorist activities. The
Act offers the legal foundation to strengthen the administration's hands in our
fight against the threat of terrorism. It can and should be enforced against those
individuals and acts that are covered by its provisions, but it is not intended to
replace action under regular criminal laws.

Some effective measures to be taken by government

State authorities must implement a number of multifaceted tactics and techniques

to combat terrorism, some of which are listed below.

First, there is an urgent need for stronger governance and law enforcement.

Second, a concerted effort must be made to train and revitalise our multiple
intelligence machinery at various levels and stages.

Third, sophisticated surveillance tools should be installed at sensitive

locations/installations (such as CCTV, metal detector checks, phone tapping,
computer screening, physical movement monitoring, etc.).

Fourth, a sincere effort should be made to avoid linking the terrorist (or terrorists)
to their ethnic, linguistic, or religious groups.

Fifth , it is evident that underdevelopment within a group, community, region, or

country is linked to terrorism, and the evil forces take use of the poor's sympathies
to unite against injustice as a weak link.
Sixth, making time to time and much needed amendments to existing anti-
terrorism laws to make them more efficient.

Conclusion
Since gaining its independence in 1947, India has been the target of insurrections
and acts of terrorism of all stripes. The frequency and severity of attacks, as well
as the harm they cause, have only grown over time20. Given the situation, it is
vital that certain sections be added to the Indian Penal Code, 1860 in order to
effectively and firmly combat this threat. We can conclude that the law and its
application may need some changes, Since we are a large country in South Asia
with neighbours who have unstable governments and military regimes, but doing
away with it would pose a greater threat to national security. Since we are also
troubled by an increase in terrorism, a law for its prevention is required. The
Prevention of Unlawful Activities (Prevention) Amendment Act of 2008, the
National Investigative Agency (NIA) Act of 2008, and the UAPA Act are all valid
laws in this regard.

References

1. Rahul Mishra, Anti-terrorism laws: Distinguishing myth and reality, SSRN

ELECTRONIC JOURNAL (2010).
2. Sources and trends in post-9/11 anti-terrorism laws, SECURITY AND HUMAN
RIGHTS.
3. Aakanshi Bansal, Evolution of India’s Anti-Terrorism Law, claws journal

4. C. Raj Kumar Human Rights Implications of National Security Laws in India:

Combating Terrorism While Perserving Civil Liberties Combating Terrorism
While Perserving Civil Liberties, Volume 33 Number 2 Spring, Denver Journal
of International Law & Policy, 2005
 5. Thomas Renard, Counter-terrorism in liberal democracies, THE
EVOLUTION OF COUNTER-TERRORISM SINCE 9/11 165–174 (2021).
6. Stephen J Jones, “Waging Terror:The Geopoltics of the real,political
geography”, (2006) 298

7. Shanti Som,”Combating terrorism with aid of new laws”,March 2009

8. A comprehensive strategy for combating terrorism, COMBATING

TRANSNATIONAL TERRORISM 253–270 (2016).
9. Ujjwal Kumar Singh, Mapping anti-terror legal regimes in India, GLOBAL
ANTI-TERRORISM LAW AND POLICY 420–446 (2012).
10.V. Vijayakumar, Legal and institutional responses to terrorism in India,
GLOBAL ANTI-TERRORISM LAW AND POLICY 351–367 (2005).
11.Yeshwant J Naik, A critic on the anti-terrorism laws in India, SSRN
ELECTRONIC JOURNAL (2016).
12.Lal, Vinay. “Normalization of Anti-terrorist Legislation in Democracies:
Comparative Notes on India, Northern Ireland, and Sri Lanka,” 1 July
1994,
13.Karim, Afsir, Counterterrorism: The Pakistan Factor (New Delhi: Lancer
Press, 1991).
14.Lennart Sjoberg,”The perceived risk of Terrorism”,Vol.7,No.1(2005